CC&Rs 2022 Vote! By Bylaws and CC&Rs Committee
“AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS OF THE TAHOE KEYS PROPERTY OWNERS’ ASSOCIATION” MEMBER APPROVAL IS REQUESTED - BALLOTS WERE MAILED OUT THE WEEK OF JULY 25th, 2022
with ROD to coordinate the 2021 review effort and to implement many improvements from that review process leading to the preparation of the CC&RS 2022 for a membership vote.
To assist members with voting, the Committee has developed a Questions and Answers document and a A Town Hall Forum has been scheduled for August 18th, Summary of Key Changes posted on the TKPOA website. 2022 from 6PM-8PM. This will be your opportunity to Other documents are also available on the website, have your questions about the Amended and Restated including the present CC&Rs 1991, which is provided Declaration of Covenants, Conditions, and Restrictions to homeowners at time of purchase and the proposed (CC&Rs) addressed before you submit your vote on them. Amended and Restated CC&Rs 2022. CC&Rs 2022 Documents Posted on the Website All documents can be found on the TKPOA website at www.tkpoa.com by clicking on the ‘CC&Rs 2022 Vote’ button located on the website home page or under Documents>>Rules and Procedures>>CC&Rs and Bylaws>>CC&Rs 2022 Vote. The Covenants, Conditions, and Restrictions (CC&Rs) are recorded against the Tahoe Keys property and bind every Lot and Lot Owner of a Tahoe Keys Lot. The CC&Rs set forth the rights and responsibilities of the Association and its Members. The current CC&Rs were recorded in 1991 – over 30 years ago (“CC&Rs 1991”).
Why conduct a Membership Vote? California law requires that any amendment to the Governing Documents be conducted by secret ballot in accordance with the Civil Code and the Association’s election rules and voting procedures. You are receiving the entire CC&Rs 2022 for approval as required by Davis Stirling Civil Code Section §5515 (e) which requires that “In an election to approve an amendment of the governing documents, the text of the proposed amendment shall be delivered to the members with the ballot.”
PLEASE VOTE Based on the statutory requirement for conducting a It has been the goal of the Association to update the CC&Rs amendment vote, this ballot mailing is estimated CC&Rs for several years. CC&Rs 1991 are outdated and to cost the Association (and its members) approximately inconsistent with current California law. They also $20,000 to conduct. If the Association does not receive contain confusing unclear and/or unnecessary provisions. a sufficient response from the Members to warrant As a result, in 2016, the Board made the decision to opening the ballots, the Association may be required embark on a complete restatement of the CC&Rs. to conduct a second vote, postpone the ballot count to obtain additional ballots, or file a petition with the In 2018, the Board retained Richardson Ober and Court to approve the CC&Rs based upon the number of DeNichilo LLP (ROD) www.rodllp.com as TKPOA General votes received. This additional process is expensive and Counsel. ROD exclusively represents homeowner’s will require the expenditure of significant additional fees associations throughout California. Among the projects and costs. So please support the Association’s effort to ROD was tasked with was to complete the CC&Rs successfully complete the vote on the Amended and restatement that was initiated by prior counsel Berding Restated CC&Rs approved. Weil. Thank you for your vote. The ROD law firm prepared two drafts: a Fourth The Bylaws & CC&Rs Communication Ad Hoc Committee Draft that was used as the basis for a comprehensive Al Chandler, Clark McDonald, Ken Silveira Membership review last year (including two town hall membership meetings), and this Fifth Draft (CC&Rs 2022), which reflects the results of that review process. In 2020, the Board appointed a BYLAWS and CC&R’s Communication Ad Hoc Committee to help oversee the update process. The Committee has worked closely Keys Breeze
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